STATE OF MANIPUR Vs. YAIPHABA LAIPHRAKPAM
HIGH COURT OF MANIPUR
STATE OF MANIPUR
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RAMALINGAM SUDHAKAR, J. -
(1.) Heard Mr. N.Kumarjit, learned Advocate General, Manipur for the State appellants assisted by Mr. P.Tamphamani, learned counsel and Mr.B.R.Sharma, learned counsel for the Medical Council of India and Ms. Babita Th., learned counsel for the respondent/writ petitioner.
(2.) Facts, which are relevant for disposal of the present appeal are as follows.
The respondent/writ petitioner filed a writ of Mandamus to direct the appellants to consider his case for admission to MBBS course session 2018-19, under the State quota in terms of the Regulations on Graduate Medical Education, 1997 as amended upto May, 2018 and also on the basis of the provisions of Rights of Persons with Disabilities Act, 2016(Act 49 of 2016). The prayer in the writ petition was subsequently amended by way of additional affidavit pursuant to the order of the learned Single Judge dated 14.9.2018. The amendment sought for by the candidate/respondent was to direct that the admission should be given for the sessions 2019-20 by keeping one seat reserved in his favour because the timeline for entry to MBBS course had already expired on 31.8.2018. As against the order dated 14.9.2018, no appeal has been filed.
The respondent/ writ petitioner is admittedly a physically challenged person suffering from Locomotor disability. The certificate relied upon by the respondent/writ petitioner is Annexure-A/2, page 74. He suffers from Hirayama's disease, a locomotor disability and in the certificate issued by the Jawaharlal Nehru Institute of Medical Sciences (JNIMS), Porompat dated 19.6.2018, his physical disability was assessed at 43%, right upper limb. This certificate is not in dispute. The respondent/writ petitioner applied for admission to the MBBS course through the National Eligibility-cum-Entrance Test (NEET) conducted by the Central Board of Secondary Education (CBSE). Information Bulletin, Annexure-A/6 is dated 06.5.2018 for the session 2018-19. In the entrance examination, the respondent/writ petitioner obtained 196 marks which is well above the cut-off marks specified for candidate applying under the Physically challenged persons quota. The respondent/petitioner was not called for counselling but on enquiry, he was informed and given Annexure-A/10 which read as follows:-
Government of India
Imphal, the 12.06.2018
No.104/1/2018-DHS: In pursuance of the Secretariat: Health Department Order No. 9/2/09-M(MBBS/BDS)Pt : dated 6th June, 2018, all the PH candidates of NEET-UG, 2018 who are qualified and eligible are hereby informed that the State Medical Board will be held on 18.06.2018 at 11 a.m./p.m. at Medical Directorate, Lamphel to determine the persons with loco motor disorder/disability of lower limb between 50% to 70% in connection with the reservation of 3% of the total seats for MBBS/BDS courses allocated for the year, 2018 to the State of Manipur.
Dr. K. Rajo Singh
Directorate of Health Services, Manipur
Imphal, the 12th June, 2018"
Realising that the petitioner was denied counselling and a seat in the MBBS course in the State quota on untenable and unsustainable legal grounds, the writ petition has been filed. Reliefs No.(i) and (ii) along with the amended prayer filed by way of additional affidavit by the petitioner on 24th September, 2018 are as follows:-
" i) Issue writ in the nature of Mandamus/Certiorari or any other appropriate writ of the like nature directing the respondents to consider the case of the petitioner for admission to MBBS Course in terms of the provisions of the Regulations on Graduate Medical Education, 1997 and the Rights of Persons with Disabilities Act, 2016 as amended from time to time against the 5% seat reserved for Physically Handicapped candidates out of the total seats for MBBS/BDS Course allocated for the year 2018 to the State of Manipur or against any stray seat left or remain unfilled in any MCI recognised college in India.
(ii) Issue writ directing the respondents specifically Respondents 1 and 2 to consider extension of time for admission for the petitioner as a special case."
"to give admission in the year/session 2019-2020 by keeping one seat reserved in favour of the petitioner out of the 85% MBBS seats to be allocated for the State of Manipur for the session 2019-2020 by way of compensation or any other compensation which the Hon'ble Court deem fir and appropriate in accordance with law."
The counsel for the respondent/writ petitioner was at pains to point out that the writ petitioner's additional affidavit dated 24.9.2018 and his rejoinder affidavit in response to the reply affidavit filed by the State have not been annexed along with the appeal and sought leave of the Court to refer to the same. Learned Advocate General conceded that there was a lapse on their part in not filing all documents.
(3.) Be that as it may, after hearing the learned Addl.Advocate General for the State and Mr.B.R.Sharma, learned counsel for the Medical Council of India and accepting the writ petitioner's case, the learned Single Judge was pleased to allow the writ petition.Para No.10 of the judgment and order which is relevant is quoted hereunder:-
" In view of the above and for the reasons stated hereinabove, the writ petition is allowed with the following directions:
(a) The State Government shall keep one MBBS seat, out of the total MBBS seats allocated for the academic session, 2019- 20, unfilled;
(b) The State Government shall constitute a committee of medical experts within 15 days from the date of receipt of a copy of this judgment and order to examine the petitioner to find out as to whether the disability suffered by him is within the benchmark disability as defined in Section 2(r) and 2(zc) of the Act, 2016 and submit a report thereof to the State Government within 15 days thereafter;
(c) In the event of the petitioner's disability being found by the committee to be within the benchmark disability as defined in Section 2(r) and 2(zc) of the Act, 2016, the petitioner shall be admitted in MBBS course against the seat being kept unfilled as per direction (a) above;
(d) In the event of the petitioner's disability being found by the committee to be not within the benchmark disability as defined in Section 2(r) and 2(zc) of the Act, 2016, the said MBBS seat being kept unfilled, may be given to other candidates in accordance with law;
(e) Since the process of admission is to be completed within the time as prescribed and directed by the Hon'ble Supreme Court which is incorporated in the instructions of the MCI, the directions (a) to (c) above shall be strictly complied with by the State Government and the committee to be constituted by it." ;
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